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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Vidhi Narayan Shukla (Died) Through Legal Heirs – Appellant
Versus
Ramnaini Bai D/o Yadunandan Prasad Agrawal – Respondent
Judgment :
Rajani Dubey, J.
1. The present appeal has been preferred by the appellants challenging the judgment and decree dated 01.01.2019 passed by the learned Additional District Judge, Bhatapara, District Balodabazar–Bhatapara (C.G.) in Civil Suit No. 29-A/2011, whereby the suit filed by the plaintiff/appellant was dismissed and the counter-claim preferred by the respondent No.1 was allowed. For the sake of convenience, the parties shall hereinafter be referred to as they were arrayed before the learned Trial Court.
2. The pleadings made in the plaint by the plaintiff, are that the suit land situated at Mauja Dhurrabandha, P.H. No. 19, R.N.M., Tehsil Bhatapara, as described in Schedule ‘A’ appended to the plaint, bearing Khasra No. 11 and admeasuring 15.95 acres, was purchased by the plaintiff from defendant No. 1 on 21.03.1972 for a total consideration of Rs. 1,200/-. Upon receipt of the consideration amount, defendant No. 1 delivered possession of the suit land to the plaintiff and since then the plaintiff has been in continuous, peaceful, and uninterrupted possession thereof. It is further pleaded that due to unavoidable circumstances, the plaintiff could not get her name mutat
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
The court held that the plaintiffs proved ownership through valid Sale Deed; defendants failed to substantiate adverse possession claims due to contradictions in evidence.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Settlement record of rights does not extinguish prior title, and collusive judgments lack binding authority on necessary parties.
The admissibility of evidence, proper legal procedures in mutation proceedings, burden of proof in ownership disputes, and the binding nature of concurrent findings of fact in appellate courts.
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